Declarations for 18th Lok Sabha MPs Yet to Be Published Over One Month After Election Results

Declarations for 18th Lok Sabha MPs Yet to Be Published Over One Month After Election Results

Declarations Mandated Under Section 67 of RP Act, 1951 Yet to be Published for 18th Lok Sabha MPs Over One Month After Election Results: Advocate Hemant Kumar Raises Concerns

Chandigarh – Over a month has passed since the results of the General Election for the 18th Lok Sabha, covering all 543 Parliamentary Constituencies (PCs) across India, were declared on June 4, 2024. Advocate Hemant Kumar, practicing at the Punjab & Haryana High Court and a commentator on politico-legal issues, highlighted that two days post-results, the Election Commission of India (ECI) published a notification in the Gazette of India (Extraordinary) on June 6, 2024, as per Section 73 of the Representation of the People Act, 1951, listing the newly elected members of the 18th Lok Sabha from all 543 PCs. However, Kumar pointed out a significant lapse: the “Appropriate Authority” has yet to publish the declarations made by the respective Returning Officers (ROs) for all elected candidates, as mandated under Section 67 of the Representation of the People (RP) Act, 1951, even after more than a month. He cited Rule 64 and Form 21C of the Conduct of Election Rules, 1961, which require that the ROs report the election results to the Appropriate Authority and the ECI, and in parliamentary or state legislature elections, also to the Secretary of that House. The Appropriate Authority is then supposed to publish these declarations in the Official Gazette. Kumar filed an online RTI with the ECI in June 2024, seeking information about the Appropriate Authority responsible for publishing these declarations and details about the Gazette Notification’s publication status. He is still awaiting a response after one month. Interestingly, Kumar noted that in the case of the bye-election for the 21-Karnal Assembly Constituency (A.C.) in Haryana, whose result was also declared on June 4, 2024, the declaration was promptly published in the Haryana Government Gazette on June 5, 2024. This notification bore the seal and signature of the Sub-Divisional Officer (Civil) cum Returning Officer of 21-Karnal A.C. and was countersigned by Anurag Agarwal, IAS, then Chief Electoral Officer (CEO), Haryana, cum Principal Secretary to the Government of Haryana, Elections Department. This prompt publication contrasts sharply with the ongoing delay in the case of the 18th Lok Sabha MPs, raising questions about administrative efficiency and compliance with legal mandates. Kumar’s concerns underscore the importance of timely and transparent publication of election results to uphold the democratic process and ensure accountability. The delay not only contravenes legal requirements but also leaves the public and stakeholders in uncertainty. As Kumar continues to press for answers and await the ECI’s response, this issue highlights the need for rigorous adherence to election laws and the swift execution of mandated procedures. The situation calls for immediate corrective measures to publish the pending declarations and restore public confidence in the electoral system. #ElectionTransparency #LokSabha #RPAct1951 #HemantKumar #ElectionCommission #IndiaElections